Patna High Court
Manoj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The petitioner is granted anticipatory bail subject to a Rs.30,000 bail bond and conditions prescribed under the BNSS, 2023.
Summary
Manoj Kumar sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged possession of 70 litres of illicit liquor. The prosecution alleged recovery of the liquor, while the petitioner claimed innocence and no possession, asserting a clean criminal record. The State opposed the bail. The Court, considering the facts, granted anticipatory bail for four weeks, subject to a Rs.30,000 bail bond under Section 2(1)(d) of the BNSS, 2023 and conditions of Section 482(2) of the same Act, directing the trial court to verify the petitioner’s antecedents. The order also provided for cancellation of bail if the petitioner concealed any criminal antecedent. The bail bond is to be accepted without delay pending verification.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the Bihar Prohibition and Excise (Amendment) Act, 2022 and the BNSS, 2023 in view of the alleged recovery of illicit liquor.
- Whether the conditions imposed under Section 2(1)(d) and Section 482(2) of the BNSS, 2023 are appropriate.
Legislation cited
- BNSS, 2023 — s. 2(1)(d), 482(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- BNSS 2023
- criminal antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15806 of 2026
Arising Out of PS. Case No.-460 Year-2025 Thana- RAJAPAKAR District- Vaishali
======================================================
Manoj Kumar S/O Ram Lal Singh R/O Vill.- Daud Nagar, P.S-Bidupur, Dist-
Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate
For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Rajapakar P.S. Case No. 460 of 2025, dated 10.12.2025,
lodged under Section 30(a) of the Bihar Prohibition and Excise
(Amendment) Act, 2022.
3. As per the prosecution, total recovery of 70 litres of
illicit liquor has been made, which is the subject matter of the
present case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He further
submits that nothing has been recovered from the possession of
the petitioner. Furthermore, he submits that the criminal
antecedent of the petitioner is clean.
Patna High Court CR. MISC. No.15806 of 2026(2) dt.25-03-2026
2/2
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) as
mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of Exclusive Special Excise Court No. 2 cum
District and Additional Sessions Judge, Vaishali at Hajipur, in
connection with Rajapakar P.S. Case No. 460 of 2025, subject to
the conditions as laid down U/s 482(2) of the BNSS, 2023.
7. It is further directed that the Trial Court shall verify
the criminal antecedent of the petitioner, and in case it is found
at any stage that the petitioner has concealed his criminal
antecedent, the Trial Court shall take steps for cancellation of
the petitioner’s bail bond. However, the acceptance of the bail
bond in terms of the above-mentioned order shall not be delayed
for the purpose of or in the name of verification.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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